Introduction
Hello everybody! Welcome to the July edition of Gatehouse’s Property Newsletter. The heat is on but our barristers here at Gatehouse’s property team have not been getting hot under the collar, but instead taking part in some exciting litigation, a fair chunk of which was in the High Court. Others in the team (including your editor) have been seeking out court visits in more weather-appropriate venues near the sea-side, such as Hastings and the Isle of Wight – the glamour!
This month, Mark O’Grady helps us out with our Did you miss…? section, and we also have a superb article from Philip Marriott for you to read at your sunlounger desk.
Editor – David Peachey
News
Gatehouse Chambers shortlisted in 7 categories at the Legal 500 Bar Awards 2025
We’re delighted to announce that Gatehouse Chambers has been shortlisted in 7 categories in this year’s Legal 500 Bar Awards.
Individuals:
Brie Stevens-Hoare KC – Property Silk of the Year
James Hall – Professional Negligence Junior of the Year
Alison Meacher – Court of Protection Junior of the Year
Ebony Alleyne – Construction Junior of the Year
Teams:
Property and Housing Set of the Year
Construction and Energy Set of the Year
Marketing Team of the Year
Many congratulations to those shortlisted. Winners will be announced on 24 September 2025.
What have we been up to?
Brie Stevens-Hoare KC has been construing restrictive covenants in relation to both agricultural land and urban cultural assets. She has also been considering the prospects of enforcement and risks of modification. Brie has also been reflecting on the liability negligence in obtaining or carrying out searches related to infrastructure (water and transport related) that inhibits development. Other than that she is busy seeking out air conditioning wherever possible. Happy summer all.
Daniel Gatty spent an interesting day in the Chancery Division appealing a decision in a case so long-running that the Lib Dems were still part of the government when the claim was issued. Daniel is a relative newcomer to the case, though. He wasn’t instructed until 2019. The rest of his time has been spent on less antique matters including restrictive covenants, TOLATA and secured lending, amongst other things.
John Clargo started June with a wedding in Germany (not his, you understand) and has been passing the rest of the month (other than a quick trip to the tennis) with a very mixed bag: commercial service charges, possession claims (small and very large portfolios), boundary disputes (adverse possession and party walls), LPA receiverships, business renewals, proprietary estoppel, and option and overage issues.
James Hall and William Golightly have had their article “Schrodinger’s Deed: can an instrument be two things at once?” re: Macdonald Hotels v Bank of Scotland [2025] EWHC 32 (Comm) published in the Journal of International Banking and Financial Law (NB credit to Daniel Gatty for the snazzy title!).
Jamal Demachkie managed to successfully settle, at a last-gasp mediation, what would have been an interesting 5-day trial in the High Ct concerning nuisance caused by fallen trees in the Wye Valley. He’s been filling the unexpected gap in his diary with a succession of advices on development agreements and forfeiture disputes.
Laura Tweedy has been mostly mediating as well as having a week off in the London sun!
It may be sunny outside but David Peachey has been wading through a flood of water ingress cases. This hasn’t dampened his spirits, as these cases have been awash with a brackish mix of freeholder vs leaseholder liability.
Charlotte John has spent 5 days “intervening” in Financial Remedy proceedings on divorce, resisting the husband’s constructive trust claim in respect of a property owned by Charlotte’s clients and occupied by the couple. One of the central issues (giving Charlotte an excuse to generate a colour coded spreadsheet) was where has the family money gone – on school fees and other lifestyle expenditure, or on work to the property? Judgment awaited. Next on the agenda – advising personal representatives on issues arising from the affairs of a deceased letting agent.
Philip Marriott has been looking at disputes between ‘share of freehold’ owners, landlord consents to improvements, and determinations of breach in the FTT prior to forfeiture of a residential lease.
Victoria Dacie-Lombardo has had a busy month dealing with a run of tricky TOLATA cases. Elsewhere, she is being led by Faisel Sadiq in the High Court on a very interesting real property and partnership dispute.
David Lipson has been advising on matters ranging from restrictive covenants to boundary disputes, and travelling far and wide across the country, including to the Isle of Wight in respect of a forfeiture claim for breach of covenant.
Did you Miss? Rojer Taylor White v 29 Buckland Crescent Management Company Limited
Mark O’Grady acted for the successful appellant in proceedings where a landlord sought to forfeit a 999-year residential lease, despite the parties’ having entered into a binding settlement agreement, which was negotiated by their respective solicitors. The question on this second appeal was whether the landlord was entitled to take proceedings seeking forfeiture, or whether it was precluded by the terms of the settlement agreement from doing so.
The Court of Appeal handed down its unanimous judgment on 30 June 2025 in Rojer White v 29 Buckland Crescent Management Company Limited [2025] EWCA Civ 814. Giving the lead judgment (with whom Nicola Davies LJ and Mr Justice Cobb agreed), Lewison LJ allowed the appeal against the decision of Richards J in the High Court (before whom the landlord had initially won on its first appeal) and restored the decision of the first instance trial judge, His Honour Judge Dight CBE. Mark represented Mr White at the original trial, through to the Court of Appeal.
New points in the FTT
The Building Safety Act 2022 (“the BSA”) creates, among other things, two new remedies in the First Tier Tribunal (“FTT”): remediation orders (“ROs”) and remediation contribution orders (“RCOs”). RCOs require the respondent to pay for remediation works, whereas ROs require respondents to carry out such work.
As an expert tribunal, the FTT can bring its own knowledge and expertise to such a case. In the recent case of Monier Road Limited v Blomfield and ors [2025] UKUT 157 (LC), the Upper Tribunal had to consider the extent to which the FTT was entitled to use its expertise to raise points not pleaded by the parties.
Contact us
If you would like to discuss any of the topics in this newsletter, please contact the H Team at hteam@gatehouselaw.co.uk or get in touch with one of our Practice Managers.
Patrick Sarson, Senior Practice Manager
Jim Findley, Practice Manager
Samuel Read, Practice Manager
To find out more about our Property Team and their work, visit the property page on our website. To view a copy of our privacy statement, please click here.
This edition of the property newsletter was edited by David Peachey. Comments or queries about this newsletter? Please get in touch with him!